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Mortgage Modification Mediation in Chapter 13 Bankruptcy

The Arizona Bankruptcy Court recently signed General Order 16-2, which approves and implements an options Mortgage Modification Mediation program (“MMM”).  This allows Debtors and mortgage companies to enter into mediation to enable mortgage modifications along with confirmation of Chapter 13 Bankruptcy Plans.   How does MMM work? In order to start, a Debtor must have Read More

Group Life Insurance Proceeds and Bankruptcy

Recently, the U.S. District Court reversed the Bankruptcy Court’s ruling on whether A.R.S. 20-1132 provided an exemption for the surviving Debtor when their spouse had passed away after the filing of a bankruptcy.  The recent ruling establishes that the statute did intend to provide an unlimited exemption in those proceeds in that Trustees are not allowed Read More

Military Clearance and Bankruptcy

A common question concerning bankruptcy is how it may affect active duty military or government workers, or employees of defense contractors.  Many have security clearance, which is a mandatory portion of their employment.  The guidelines can be found under Department of Defense Directive 5220.6, which covers issues related to security clearance, including financial concerns. E2.A6.1.1. Read More

Border Stops and Medical Marijuana

On the I-8, 15 miles east of Yuma, there is a United States Border Patrol checkpoint.  All traffic is required to stop for inspection, and while most are a brief, one question stop, you can potentially be asked to stop for further screening.  If a search of your vehicle uncovers illegal drugs, that can lead Read More

Tax Refunds and Bankruptcy

In Arizona, when you file a Chapter 7 bankruptcy, you could lose certain property or interests you own that are non-exempt.  Exemptions, or things you can keep, are set primarily by Arizona Statute (A.R.S. §§33-1123 to 1126).  One item that Arizona does not exempt is any tax refund that you are owed at the time Read More

Dealing with Non-Exempt Assets

If you are presently on the title to, or have an ownership interest in a non-exempt asset, you can sometimes plan for a bankruptcy by turning non-exempt assets into exempt ones.  However, this area is fraught with potential issues, so you should consult an attorney before buying or selling anything if you are considering bankruptcy. Read More

Updates to Median Income for Means Testing in Arizona

Starting November 1st, 2015, Arizona will have updated median income figures for the Chapter 7 Means Test (Form 22A-1 and Form 22C-1).  This could affect your eligibility to file a Chapter 7 Bankruptcy in Kingman, Arizona.  Here are the figures if you file after November 1, 2015: Arizona 1 EARNER  $45,933 2 PEOPLE  $56,351 3 Read More

Common Bankruptcy Myths and Questions.

1. Everyone will know I’ve filed for bankruptcy. Unless you’re a prominent person or a major corporation and the filing is picked up by the media, the chances are very good that the only people who will know about a filing are your creditors. While it’s true that bankruptcy is a public legal proceeding, the Read More

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